Virginia Misdiagnosis Medical Malpractice Lawyer

When a care provider misdiagnoses your condition, it harms you in two distinct ways. First, you likely do not receive the treatment you require, and the care provider wastes time by delaying treatment for your actual needs. Second, the provider treats you for a condition that you do not have, which may have a negative impact on your health.

If a medical provider’s negligence caused a misdiagnosis, an experienced medical malpractice attorney could help you build a claim and successfully recover your losses. Consult with an experienced Virginia misdiagnosis medical malpractice lawyer at Price Benowitz today to learn more.

What Is Medical Misdiagnosis?

A misdiagnosis is when a medical provider incorrectly identifies a patient’s condition. As a result of a misdiagnosis, the patient does not receive the treatment they need to recover. They may suffer adverse effects due to the unnecessary treatment their care provider prescribes.

Some health conditions require timely treatment. A misdiagnosis can delay life-saving care and have devastating results. Being misdiagnosed by a healthcare provider is considered medical malpractice in Virginia, and an attorney can assist a harmed patient in filing a claim for compensation.

Common Misdiagnosis Medical Malpractice Claims

When someone is harmed due to misdiagnosis, they can bring a medical malpractice claim. Conditions that often arise in an incorrect diagnosis case vary and often include:

• Cardiovascular events, including strokes, heart attacks, and heart failure
• Serious infections, such as meningitis, pneumonia, and sepsis
• Cancers, such as breast, lung, and skin cancer
• Organ failure, such as kidney or heart failure
• Pulmonary embolisms
• Appendicitis

A Virginia attorney can help a harmed patient understand how their misdiagnosis will form the basis of a medical malpractice suit.

The Elements Required

A successful medical malpractice claim in Virginia needs to demonstrate that:

• The medical provider owed the harmed patient a duty of care, which is established in every doctor-patient relationship
• The medical care provider breached this duty of care, amounting to professional negligence
• The medical provider’s negligence was a cause of the harm the patient suffered
• The patient suffered damages as a result of the provider’s negligence, which are the losses addressed by medical malpractice law

If a patient is harmed by medical malpractice in the form of misdiagnosis, a Virginia attorney can help them prove these four elements, building a strong case and seeking maximum compensation.

Professional Negligence

Not all mistakes by care providers will result in a lawsuit. For an error to qualify as medical malpractice, the medical professional must have failed to provide the standard of care required of them.

Doctors are held to the standards established by their profession and must perform at the same level as other professionals with similar levels of medical expertise. For example, if a doctor fails to perform a test that another doctor with similar experience would have performed under the same circumstances, their misdiagnosis may qualify as medical malpractice. Similarly, a doctor may be liable if they take an action that other similarly qualified professionals would not have taken, and that decision results in a misdiagnosis.

A Virginia lawyer can help a harmed patient investigate whether their doctor breached the standard of care, leading to a misdiagnosis and potentially a medical malpractice claim.

Seeking Fair Compensation

Victims of medical malpractice due to misdiagnosis can seek compensation with the help of a Virginia attorney. Losses generally fall into three primary categories: medical costs, lost wages, and physical and emotional pain and suffering.

Medical Costs

Misdiagnosis can lead to substantial out-of-pocket expenses for patients. Costs may include unnecessary treatments, additional tests, and extended hospital stays, all of which strain personal finances. Delays in receiving the correct care can also result in mounting bills as conditions worsen, making early and accurate diagnosis not only vital for health but also for managing medical expenses.

Lost Wages

A patient’s misdiagnosis may affect their ability to earn a living, allowing them to seek compensation for lost wages.

Physical and Emotional Pain and Suffering

Patients turn to the medical profession for help. When a care provider causes more harm than good, the patient’s pain and suffering can be immense.

Contact a Virginia Attorney After Misdiagnosis To Discuss Your Medical Malpractice Claim

A Virginia misdiagnosis medical malpractice lawyer has the experience and skill to build a strong claim in pursuit of a fair settlement or court award on your behalf. Contact Price Benowitz today to schedule a free case evaluation.